SARIJABANU A JANARTHANI Vs. STATE

JUDGEMENT

(1.) An application for bail has been brought forth by these petitioners, who are shown as A-1 and A-2 respectively in a case registered by the respondent police under Sections 20(b)(ii)(c) and 25 of the Narcotic Drugs and Psychotropic Substances Act (herein after referred to as NDPS Act), wherein another person, who is shown as A-3, is also accused of the offences punishable under Sections 8(c), 20(b)(ii)(c) read with 27(A) of the NDPS Act.

(2.) The case of the prosecution, as put forth before the Court below, is that the petitioners who are daughter and mother respectively, are A-1 and A-2, while A-3 is the Driver; and that A-1 and A-2 have committed offences punishable under Sections 8(c) read with 20(b)(ii)(c) of the NDPS Act, while A-3 committed offences punishable under Sections 8(c), 20(b)(ii)(c) read with 27(A) of the NDPS Act. On completion of the investigation, a final report has also been laid before the Court below.

(3.) As could be seen from the available materials, the gist of the case of the prosecution is as follows: (a) On an information received by the respondent police on 10.7.2003 at 10.00 P.M. the Hyundai Accent GLS Car of the first petitioner was intercepted at Madurai Ring Road at Melamadai Junction at about 11.00 P.M. The car was driven by A-3. The first petitioner was found travelling in the car. A search was made, wherein the Ganja weighing about 5 kgs. and Rs.10,00,000/- in cash were recovered from the car. Neither the first petitioner nor the driver had any licence for possession of the said Ganja. The first petitioner was arrested at 11.15 p.m. on that day, when she made a confessional statement to the respondent, pursuant to which 15 kgs. of Ganja and a cash of Rs.30,00,000/- were recovered from the residential premises of the petitioners at No.4/1078-A, Bharath Street, Anbu Nagar, Madurai, at about 1.15 A.M. on 11.7.2003. The second petitioner, who was present therein, was arrested on 11.7.2003 at 1.15 A.M. Both the petitioners did not possess any licence for keeping the said contraband, a narcotic substance. Both the recoveries were made in the presence of two independent witnesses under the cover of a mahazar. About 100 grams of the contraband seized from each of the places were taken for analysis. (b) Pursuant to the confessional statement made by the second petitioner, the police party took the petitioners to Madras to a house in Door No.486/C, Second South Cross Street, Kabaleeswarar Nagar, Neelankarai, an another residence of both the petitioners, wherein 10 kgs. of ganja and a cash of Rs.1,00,18,000/- were produced by them, besides some item of jewellery. Even for the said contraband also, they did not possess any licence. The recovery was made in the presence of two independent witnesses under a mahazar, and a search list was also prepared. Separate memos as to the recovery effected at Madurai and Chennai respectively were sent to the Deputy Superintendent of Police, Tirupparankundram, Madurai and to the Judicial Magistrate, Alandur, Madras. All procedural formalities relating to the arrest and recovery of the contraband were duly complied with by the respondent, and both the petitioners were taken to Madurai, and they were produced before the learned Judicial Magistrate No.I, Madurai, at 10.30 P.M. on 11.7.2003 and remanded to judicial custody.